As the UK undergoes the largest intergenerational wealth transfer in history, with trillions expected to be passed down over the next few decades, the significance of having a valid will cannot be overstated. Proper estate planning ensures that assets are distributed as intended, reducing financial and emotional burdens on loved ones. Despite its importance, around half of the UK adult population still do not have a will,1 leaving their estates subject to intestacy laws that may not reflect their wishes.
A will is more than just a legal document; it is a fundamental part of a comprehensive financial and estate plan. Here are the key reasons why a will is essential:
Control over your assets: A will ensures that your assets are distributed according to your wishes rather than being allocated based on legal intestacy rules. This means you can decide who inherits your estate, ensuring financial stability for loved ones and causes you care about.
Appointment of guardians for minor children: For those with children under 18, a will is the only way to legally appoint guardians who will take care of them should anything happen to you. Without a will, the decision falls to the courts, which may not align with your preferences.
Minimising family disputes: A clearly written will helps prevent potential conflicts among family members by providing transparency and clarity. This is particularly important in blended families or situations where certain heirs may have differing expectations regarding inheritance.
Tax efficiency and estate planning: Strategic will planning can help reduce inheritance tax liabilities. By taking advantage of available tax reliefs, trusts and charitable bequests, you can ensure that your estate is distributed in a tax-efficient manner while maximising the benefits for your beneficiaries.
Philanthropy and legacy planning: A will enables you to leave a lasting legacy by supporting charitable causes. Gifts left to registered charities are exempt from inheritance tax, and leaving at least 10% of your estate to charity can reduce the overall tax rate from 40% to 36%.
If one dies without a valid will, known as dying intestate, this means the estate is distributed according to statutory intestacy rules. These laws dictate who receives your assets, and the results may not reflect your wishes. Key consequences include:
Loss of control over distribution – The law determines who inherits your estate, potentially excluding partners, stepchildren or close friends you would have wanted to benefit.
Potential family disputes – Without clear instructions, disputes among family members are more likely, leading to costly and prolonged legal battles.
Unmarried partners receive nothing – Cohabiting partners have no automatic legal right to inherit under intestacy laws, leaving them financially vulnerable.
Delays and higher costs – The probate process becomes more complex and expensive when there is no will, potentially depleting the estate before beneficiaries receive their inheritance.
Assets may go to the government – If no eligible relatives are found, your entire estate could pass to the Crown rather than to individuals or causes of your choosing.
The rules of intestacy differ under English and Welsh, and Scottish law. We recommend consulting a trusted legal professional for advice tailored to your local jurisdiction.
Sarah, a successful business owner, passed away unexpectedly without a will. She had always intended to leave her company to her long-term partner, but as they were not married, her estate was distributed among distant relatives under intestacy laws. Her partner, despite having contributed significantly to the business, received nothing, and legal disputes resulted in costly court proceedings. Had Sarah written a will, she could have ensured her assets were distributed according to her wishes, preventing financial hardship and legal conflict.
A valid and well-structured will is a cornerstone of effective estate planning. Indeed, taking the time to create and maintain a will is one of the most important financial decisions you can make, providing certainty, peace of mind and financial security for those you care about most. Without a will, your estate could be subject to intestacy laws that may not align with your intentions, leading to unnecessary financial and emotional strain on your family.
By engaging with professional legal and financial advisors, regularly reviewing your will and incorporating strategic tax planning, you can protect your beneficiaries and ensure that your wealth is distributed according to your wishes.
For more information on the key considerations for drafting a will, download our supporting guides:
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